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Articles 1 - 18 of 18
Full-Text Articles in Courts
Impeaching A Federal Judge: Some Lessons From History, Arthur D. Hellman
Impeaching A Federal Judge: Some Lessons From History, Arthur D. Hellman
Testimony
In August 2014, Federal District Judge Mark Fuller was arrested on a charge of misdemeanor battery after his wife called 911 from an Atlanta hotel room and told the operator, “He’s beating on me.” Judge Fuller has agreed to enter a pre-trial diversion program; if he completes the program, the criminal case against him will be dismissed. But Judge Fuller may face other consequences. The Acting Chief Judge of the Eleventh Circuit has initiated proceedings under the federal judicial misconduct statute. And some members of Congress and editorial writers have said that if Judge Fuller does not resign from the …
Unmasking Judicial Extremism, Carl Tobias
Unmasking Judicial Extremism, Carl Tobias
University of Richmond Law Review
No abstract provided.
Applying Geneva Convention Principles To Guantánamo Bay, Kyndra Rotunda
Applying Geneva Convention Principles To Guantánamo Bay, Kyndra Rotunda
University of Richmond Law Review
No abstract provided.
Terrorist Detention: Directions For Reform, Benjamin J. Priester
Terrorist Detention: Directions For Reform, Benjamin J. Priester
University of Richmond Law Review
No abstract provided.
Deliberative Democracy And Weak Courts: Constitutional Design In Nascent Democracies, Edsel F. Tupaz
Deliberative Democracy And Weak Courts: Constitutional Design In Nascent Democracies, Edsel F. Tupaz
Edsel F Tupaz
This Article addresses the question of constitutional design in young and transitional democracies. It argues for the adoption of a “weak” form of judicial review, as opposed to “strong” review which typifies much of contemporary adjudication. It briefly describes how the dialogical strain of deliberative democratic theory might well constitute the normative predicate for systems of weak review. In doing so, the Article draws from various judicial practices, from European supranational tribunals to Canadian courts and even Indian jurisprudence. The Article concludes with the suggestion that no judicial apparatus other than the weak structure of judicial review can better incite …
An Essay On The Emergence Of Constitutional Courts: The Cases Of Mexico And Columbia, Miguel Schor
An Essay On The Emergence Of Constitutional Courts: The Cases Of Mexico And Columbia, Miguel Schor
Indiana Journal of Global Legal Studies
This essay explores the emergence of the Mexican Supreme Court and the Colombian Constitutional Court as powerful political actors. Mexico and Colombia undertook constitutional transformations designed to empower their respective national high courts in the 1990s to facilitate a democratic transition. These constitutional transformations opened up political space for the Mexican Supreme Court and the Colombian Constitutional Court to begin to displace political actors in the tasks of constitutional construction and maintenance.
These two courts play different roles, however, in their respective democratic orders. Mexico chose to empower its Supreme Court to police vertical and horizontal separation of powers whereas …
The European Court’S Political Power Across Time And Space, Karen Alter
The European Court’S Political Power Across Time And Space, Karen Alter
Faculty Working Papers
This article extracts from Alter's larger body of work insights on how the political and social context shapes the ECJ's political power and influence. Part I considers how the political context facilitated the constitutionalization of the European legal system. Part II considers how the political context helps determine where and when the current ECJ influences European politics. Part III draws lessons from the ECJ's experience, speculating on how the European context in specific allowed the ECJ to become such an exceptional international court. Part IV lays out a research agenda to investigate the larger question of how social support shapes …
Commentary: International Prosecution Of Heads Of State For Genocide, War Crimes, And Crimes Against Humanity, 43 J. Marshall L. Rev. Xxv (2009), Hans Corell
UIC Law Review
No abstract provided.
When Is Lying Illegal? When Should It Be? A Critical Analysis Of The Federal False Statements Act, 43 J. Marshall L. Rev. 111 (2009), Steven R. Morrison
When Is Lying Illegal? When Should It Be? A Critical Analysis Of The Federal False Statements Act, 43 J. Marshall L. Rev. 111 (2009), Steven R. Morrison
UIC Law Review
No abstract provided.
Terrorism, Containment And International Law, Ian Shapiro
Terrorism, Containment And International Law, Ian Shapiro
Other Lectures and Presentations
Prof. Ian Shapiro in a noontime lecture discusses recent developments in dealing with terrorism.
Symposium: Supreme Court Review, Symposium Foreword, Mitchell N. Berman
Symposium: Supreme Court Review, Symposium Foreword, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
Pangloss Responds, Daniel A. Crane
Pangloss Responds, Daniel A. Crane
Articles
I am afraid that William Shieber and I are speaking past each other. I agree wholeheartedly with his assertion that anyone who believes that political appointees do not exert a considerable influence over the antitrust agencies is naïve. However, Technocracy and Antitrust does not advance the Panglossian view that the antitrust agencies are apolitical, if by that we mean that robotic machines devoid of human perspective or ideological commitment churn out scientifically predetermined antitrust results.
United States V. Leveto, Jennifer Steward
The Courts Under President Obama, Scott A. Moss
Norm Change Or Judicial Decree? The Courts, The Public, And Welfare Reform, Amy L. Wax
Norm Change Or Judicial Decree? The Courts, The Public, And Welfare Reform, Amy L. Wax
All Faculty Scholarship
No abstract provided.
Voices Saved From Vanishing, Vivian Grosswald Curran
Voices Saved From Vanishing, Vivian Grosswald Curran
Articles
Jurists Uprooted: German-speaking Émigré Lawyers in Twentieth-century Britain examines the lives of eighteen émigré lawyers and legal scholars who made their way to the United Kingdom, almost all to escape Nazism, and analyzes their impact on the development of English law.
Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan
Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan
Donald J. Kochan
From produce to wine, we only consume things when they are ready. The courts are no different. That concept of “readiness” is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to permitting decisions. The courts largely hold that a single permit denial does not give them enough information to evaluate whether the denial is in violation of law. As a result of this jurisprudential reality, regulators with discretion have an incentive to use their power to extract rents from those that need their permission. Non-justiciability of permit denials …
The Missouri Plan In National Perspective, Stephen Ware
The Missouri Plan In National Perspective, Stephen Ware
Stephen Ware